NSWIn ForceAct
Civil Liability Act 2002
8Repeal of section 109ZJ Environmental Planning and Assessment Act 1979
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#### 8 Repeal of section 109ZJ Environmental Planning and Assessment Act 1979
8 Repeal of section 109ZJ [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)
> > (1) Section 109ZJ of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) continues to apply (despite its repeal by the 2002 amending Act) to and in respect of an award of damages in a building action or subdivision action commenced before that repeal.
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> > (2) Part 4 (Proportionate liability) of this Act does not apply to or in respect of—
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> > > (a) a claim in a building action or subdivision action referred to in subclause (1), or
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> > > (b) any development that is excluded from the operation of Part 4C of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) by the operation of clause 34 of the [Environmental Planning and Assessment (Savings and Transitional) Regulation 1998](/view/html/repealed/current/sl-1998-0356).